Bills › 89th General Assembly
Relating to the standard of judicial review and providing a claim or defense when a state action burdens a person’s exercise of religion, and including effective date provisions
Where it is now
- Done: IntroducedFebruary 23, 2021
- Done: SubcommitteeFebruary 24, 2021
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary If a government rule makes it difficult for someone to practice their religion, courts would have to use a stricter test to decide if that rule is allowed. To keep a law that burdens religious practice, the government must prove it has a very important reason and is using the least restrictive way to achieve it. People can use this rule to defend themselves or make a claim in legal cases.1
Read the official explanation
This bill relates to the standard of judicial review when a state action burdens a person’s exercise of religion. Under current law, a court is not required to apply heightened scrutiny when reviewing a law that burdens a person’s exercise of religion when such law is generally applicable. The bill provides that a court shall apply the compelling interest test set forth in Sherbert v. 398 (1963) and Wisconsin v. 205 (1972) in such cases, so that state action cannot substantially burden a person’s exercise of religion unless it is demonstrated that applying the law of general applicability is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. The bill provides that a person whose exercise of religion has been burdened by state action may assert such violation as a claim or defense in a judicial or administrative proceeding. The bill takes effect upon enactment.
Senate subcommittee
Named February 24, 2021. On March 2, 2021 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Iowa Code it changes
Lobbying
5 for · 23 against · 2 undecided · Who →
Family tree
89th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- SF 508 Relating to the standard of judicial review and providing a claim or defense when a state …88th General Assembly · Approved by committee · same titleCleared committee
- HF 258 Relating to the standard of judicial review and providing a claim or defense when a state …88th General Assembly · In committee · same titleCleared committee
- SF 240 Relating to the standard of judicial review and providing a claim or defense when a state …88th General Assembly · Renumbered as SF 508 · same titleCleared committee
Similar bills this General Assembly
- HF 229 Relating to the standard of judicial review and providing a claim or defense when a state …90th General Assembly · In committeeVery similar
Matched by wording or an identical title.